The fine for offering online gambling to the Netherlands citizens without a license was originally €50k. The penalty is now €150k, as of August 1, 2015. The fine for repeat offenders can increase to a maximum of €810k for repeat and/or severe offenders, as determined by the KSA.

Severity Factors

The determining criteria for KSA penalties varies according to whether offending unlicensed operators would use a dot-com domain, offer a Dutch-language option and whether they advertise through Dutch-focused radio, TV or print media to lure Dutch players.

Another mitigating factor for the KSA is the number of websites and types of gaming offered by a particular operator, the maximum prizes offered, the maximum initial deposits and deposit bonus size.

Violators Wait for Regulation

Fines have been issued to six operators in the last two years, with the individual high at €200k. Nonetheless, only three fines have been collected as penalized operators wait out the approval of the long-delayed remote Gaming Bill.

With regulated online casinos like All Slots Casino and EUCasino popular among Dutch players, the KSA measures should be seen more as preventative.

Dutch Content on Unlicensed Sites

By the same token, the KSA is looking to define limits. Recent penalties levied against UK operators Total E Soft Limited and XKL Limited totaled €180k for operating 14 Dutch-facing casino, poker and sports betting sites. The specific violations cited by the KSA were being written in the Dutch language and inclusions of the Dutch flag image on-site.

Total E Soft defended itself by claiming players in the Netherlands were blocked, and the use of the Dutch content was intended to attract Dutch ex-pats playing in other countries. An appeal is expected to shed light on the reach of national jurisdiction in regards to content offered on sites outside a given regulatory authority. Stay tuned...